Licence Appeal Tribunal Upholds MIG Decision
Kelly Santini was successful in the recent decision of S.S. v Allstate, 2020 ONLAT 19-005491/AABS. S.S. was involved in a motor vehicle accident on August 22, 2014 and sought benefits pursuant to the SABS. In June 2019, S.S. brought a Licence Appeal Tribunal (LAT) application for a declaration that his injuries fell outside the Minor Injury Guidelines (MIG) which would afford him increased medical and rehabilitation benefits. Based on a detailed review of the medical records, Crystal Schulz on behalf of Allstate, was successful in arguing that S.S.’s physical injuries from the August 2014 accident met the definition of “minor injury” and S.S.’s current complaints were as a result of two more significant motor vehicle accidents that occurred in May 2015 and October 2018. S.S. failed to provide any compelling evidence that he required treatment beyond the MIG for the injuries he sustained in the August 2014 motor vehicle accident and his application was dismissed. LAT is the adjudicative body for Ontario auto accident benefits (AB) disputes.